婚姻立法系统化的审思--兼评《婚姻法》第32条

<婚姻法>修正案虽取得了良好的立法效果,但仍有不足.以逐步完善<婚姻法>第32条的立法设计为契机,进一步思考和实现婚姻立法的系统化,将有助于婚姻制度的完善与科学.为此,我们应从司法解释和完备立法的角度探寻婚姻制度的科学化,以保障婚姻法的有效操作.

An Examination and Thinking of the Systematization of the Legislation of Marriage--Also a Comment on Clause 32 of The Marriage Law

Though the Amendment to The Marriage Law has achieved a good legislative result, it still has some demerits. On the occasion of gradually perfecting the legislative devising of Clause 32 of The Marriage Law , a further examination and the realization of the systematization of the legislation of the marriage will contribute to both the perfection of the institution of marriage and its being scientific. Therefore, we should explore whether the institution of marriage has achieved the degree of being scientific from two angles--the judicial interpretation and the perfection of legislation, in order to guarantee the efficient operation of marriage law.